This packet is meant to provide you with general information in regards to filing a petition. Please note: Our staff is prohibited by law from giving you legal advice. Please consult an attorney if you require assistance filling out these forms.

WHO CAN FILE:

A Petition for Conservator and/or Protective Order can be filed by the following:

The individual to be protected

A person interested in the individual’s estate, affairs, or welfare, including a parent, guardian, or custodian

A person who would be adversely affected by the lack of effective management of the individual’s property and business affairs, or

The Department of Health and Human Services, on behalf of a vulnerable adult (conservatorship only)

COSTS:

Filing fee: The filing fee is $175, payable by cash, check, or money order. If the petitioner can show that they are unable to pay this fee, he or she must file a Waiver/Suspension of Fees, MC 20, with a Financial Statement, MC 287. The Court will review the information provided and will either grant or deny your request. If the fees are not waived, you will be required to pay the filing fee before your petition is processed.

Certified copy: If you request a certified copy of your Letters of Conservatorship, the cost is $12. This fee cannot be waived.

Publication fee: If you do not know the address of an interested person in the conservatorship matter, you will be required to publish in the newspaper. This fee is around $75.00 and is subject to change. This fee is collected by the newspaper.

Guardian ad Litem/Attorney fees: These fees are the responsibility of the petitioner, or they can be paid from the person’s estate if the funds are available.

APPOINTMENT OF GUARDIAN AD LITEM:

Upon the filing of a petition, the Court will appoint a guardian ad litem for the individual to be protected. The guardian ad litem will conduct an investigation and report to the court as to their findings and recommendations.

THE HEARING:

The hearing on the Petition for Conservator and/or Protective Order will usually happen within 3 to 4 weeks after you file your petition. The Court will notify all interested persons of the hearing date and time. The petitioner MUST attend the hearing. The individual to be protected may attend the hearing if he or she wishes, but does not have to attend.